2 days ago
Punjab considering law with death penalty for sacrilege, to convene special Assembly session
The Punjab government is attempting to bring in a legislation providing for stricter punishment against crimes of sacrilege, and is exploring legal options for a provision of death penalty for those found guilty.
'We will be convening a special session of Vidhan Sabha on July 10 and 11 to bring a historic legislation for stricter punishment against those found guilty of sacrilege. The Centre should have done it. However, the Aam Aadmi Party (AAP) government is bringing it in Punjab as it understands the emotions of the people of the state,' AAP spokesperson Neel Garg said on Saturday.
Sacrilege and the need for tougher legislation has been an emotive issue in the state. In October 2015, during the Shiromani Akali Dal-BJP government's term, an incident of sacrilege of the Guru Granth Sahib in Bargari had changed the political narrative in the state, delivering a blow to the Akali Dal from which it has been struggling to recover. Almost every government since then has attempted to bring in legislation providing for stricter punishment for sacrilege.
Sources said such a legislation will require a state-specific amendment to the Bharatiya Nyaya Sanhita (BNS).
Chief Minister Bhagwant Mann had earlier highlighted that while the BNS has clear provisions regarding religious places, it remains silent on Sikh holy granths. However, he said, since the subject falls under the concurrent list, the state has the authority to enact such a legislation, and that legal opinion would be sought accordingly. Mann had said that this process would be completed shortly and that a Cabinet meeting would be convened soon.
A source in the ruling AAP government told The Indian Express, 'We are bringing in a legislation. We are seeking a legal opinion on whether the death penalty is legally tenable. The Chief Minister, in his public addresses, has advocated death penalty for these crimes several times. The government is now taking a legal opinion on whether this can be done. Otherwise, we will go ahead with life sentence as punishment.'
AAP will be the third successive government to bring a legislation against sacrilege.
The move comes seven years after former Chief Minister Amarinder Singh's Congress government passed two Bills providing for stricter punishment against crimes of sacrilege but could not get the President's assent.
During the Congress regime, the Punjab Assembly had in 2018 passed The Indian Penal Code (Punjab Amendment) Bill, 2018 and The Code of Criminal Procedure (Punjab Amendment) Bill 2018, which stipulated punishment up to life imprisonment for injury, damage or sacrilege to Guru Granth Sahib, Bhagwat Gita, Holy Quran and Holy Bible with the intention to hurt the religious feelings of the people.
The Indian Penal Code (Punjab Amendment) Bill, 2018, sought to amend the IPC by inserting Section 295AA. Under the existing Section 295 A, a convict is subjected to punishment for a maximum of three years imprisonment with or without fine. It also sought to enhance the punishment under Section 295 IPC (Injuring or defiling place of worship with intent to insult the religion of any class) from two to ten years of imprisonment.
Sources said the Centre recently returned the sacrilege Bills passed by the Amarinder government in 2018, asking it to legislate afresh keeping in view the provisions of the BNS. The two Bills were about insertions in the provisions in the Indian Penal Code (IPC) and The Code of Criminal Procedure (CrPC).
Earlier, in March 2016, the then SAD-BJP government had brought in The Indian Penal Code (Punjab Amendment) Bill, 2016, and The Code of Criminal Procedure (Punjab Amendment) Bill, 2016, recommending life sentence for desecration of the Guru Granth Sahib.
The Centre had returned the Bill saying all religions needed to be treated equally as per the secular nature of the Constitution. It asked the Punjab government to either withdraw the Bill or include all religions in the proposed amendment.
Later, in August 2018, the Amarinder government passed the two Bills by including the holy scriptures of all faiths.
In 2022, CM Mann had met Union Home Minister Amit Shah seeking Presidential assent to the two Bills passed seven years ago.
The government's decision to bring a new legislation with provisions for death penalty stems from political and public demands for harsher punishments for sacrilege.
Among the protesters is Gurjeet Singh Khalsa who has been protesting atop a BSNL tower in Samana, Patiala, since October 2024. He has been demanding the death penalty for those found guilty of sacrilege.
It is learnt that the Chief Secretary KAP Sinha had briefed CM Mann about the protester, stating that if something happened to him, it could create a law and order situation since sacrilege was an emotive issue.
Last week, CM Mann had met representatives of the Sarb Dharam Beadbi Rokko Kanoon Morcha, one of the outfits seeking stricter punishment for sacrilege, and promised them that the state government would introduce legislation against such acts.
after the meeting, the Chief Minister had stated that the government would consult legal experts to ensure that a robust state legislation is enacted, and explore the possibility of capital punishment for such crimes.
While the CM has been calling for capital punishment for sacrilege, a few leaders in the party are of the view that death penalty would be too harsh and may be not be legally tenable.
